Un­der­stand­ing Lib­erty

The In­jus­tice ofAmer­ica’s Vo­lu­mi­nous Laws

Serve Daily - - LIBERTY SHALL BE MAINTAINED - By Casey Beres

This in­stall­ment of Un­der­stand­ing Liber ty will fo­cus on the mock­ery of jus­tice and rep­re­sen­ta­tive repub­li­can govern­ment in Amer ica with its vo­lu­mi­nous laws, wr i t ten in so d i f f icult l an­guage to un­der­stand, that’s its vi r tu­ally im­pos­si­ble to “know” and un­der­stand them, much less avoid be­ing an un­know­ing crim­i­nal at least a few times in our lives. Amer ica’s plethora of laws has cre­ated more crim­i­nals than it or ig­i­nally sought to pre­vent or pun­ish. They have also cre­ated our cur rent un­sust ain­able le­gal sys­tem, chal k full of pr icey lawyers who help write the un­in­tel­li­gi­ble laws to keep them­selves in busi­ness and who alone un­der­stand the laws and charge ex­or­bi­tant fees for their coun­sel. Too many laws also al low for more gover nment thef t through f ines and fees, the over­load­ing of the ju­di­cial sys­tem and pris­ons, and out r ight in­jus­tice hap­pen­ing ev­ery cour t ses­sion.

The Con­ser­vat ive polit ical blog ht tp:// ho­tai r. com/ re­cently posted a Face­book meme that nicely sums up the point of this ar­ti­cle: “[ s] o the def ini­tion of a crim­i­nal is some­one who breaks the law, and you want me to be­lieve that more laws will some­how make less cr im­i­nals?”

The im­me­di­ate re­sponse to some­thing shock­ing that has hap­pened has been to cre­ate more laws, as if more laws ex­ist­ing on our al­ready overly bloated law books will pre­vent fu­ture hor r if ic acts f rom hap­pen­ing. In­deed, more laws sim­ply do the op­po­site of what is in­tended: t h e y c r e a t ed mo r e c r imi n a l s , be­cause the more laws there a re to vi­o­late, the more people there will be who will in­ad­ver tently vi­o­late them be­cause of the enor­mous num­ber of laws af­fect­ing them. For ev­ery law cre­ated to stop one fu­ture pos­si­ble cr im­i­nal, at least 10 new cr im­i­nals a re cre­ated, in­di­vid­u­als who have no knowl­edge of that law, and which law of ten con­cerns what would or­di­nar ily be a harm­less act ion ( or in­act ion) not con­sid­ered a cr ime in any other way ex­cept that some group of people wrote on a piece of paper, vot ing upon it, say­ing it is now the law.

James Madi­son wrote in 1788 in The Fed­er­al­ist 62: “[ i] t will be of lit tle avail to the people, that the laws are made by men of their own choice, if the laws be so vo­lu­mi­nous that they can­not be read, or so in­co­her­ent that they can­not be un­der­stood; [ l] aw is def ined to be a rule of ac­tion; but how can that be a rule, which is lit tle known, and less f ixed?”

James Madi­son’s quote pr imari ly con­cer ns t he lengt h and lang u age of t he l aw s , but t he r e’s an­other as­pect it can justly ap­ply to. In ad­di­tion to be­ing harm­ful in hav­ing laws that a re so long and diff icult to un­der­stand that no one can and will read them save those who make it their pro­fes­sion to do so, it is also more harm­ful to have law/ code books so obese with laws that no one can know the law and what they can and can’t do, sim­ply be­cause there are too many to know. The length, l an­guage, and num­ber of laws have made crim­i­nals out of other­wise in­no­cent men/ women, al low­ing gover nment to seize proper ty f rom these in­no­cent people via f ines and fees, and have also cre­ated a class of people who’s sole pro­fes­sion is tell us what the laws mean. Lawyers spend years and tens of thou­sands of dol lar s just to un­der­stand specif ic ar­eas of all these laws and then charge in­or­di­nate amounts of money to tell you what a law means and how it ap­plies to your sit­u­a­tion. A just law should be un­der­stood by even the most un­e­d­u­cated cit izen with­out the help of a lawyer. In ad­dit ion, our cor­pu­lent law books have given Amer ica the largest prison pop­u­la­tion in the world.

Vo­lu­mi­nous laws and law books also f lood the cour ts with other­wise non- vi­o­lent in­no­cent in­di­vid­u­als, which de­lays the cour t sys­tem be­caus e the judges we have are al­ready over­loaded, thus deny­ing us our r ight to a speedy tr ial. When judges are over­loaded with cases based on con­fus­ing laws, they are less likely to make good judg­ments in each case and the chances of in­jus­tices ar ising f rom mis­judg­ment are higher.

This is Amer ica’s cur rent sit­u­a­tion, fed­er­ally and in each state and mu­nic­i­pal­ity. We are all cr im­i­nals at some poi nt i n our dai ly l ives, much more than we even know be­cause there are too many com­pli­cated laws that gov­ern our daily lives! The federal U. S. Code is ev­i­dence enough. The U. S. Code has 51 Ti­tles, each ti­tle hav­ing sev­eral chap­ters. Ti­tle 2 has 65 chap­ters. Ti­tle 7 has 114 chap­ters! And then there’s The Af­ford­able Care Act and the Federal Tax Code. Ig­no­rance of the law is NOT an ex­cuse ONLY where people can KNOW the laws t hat ap­ply to t hem and UN­DER­STAND them. But this can’t hap­pen when the laws them­selves and their num­ber are as nu­mer­ous and conf us­ing a s a r e they a re now. No­body has time to go through all of Amer­ica’s code books as long as they are and go about thei r dai ly l iv­ing! Even if some su­per­hu­man in­di­vid­ual had the time, en­ergy and ex­pense to lear n and know ev­ery sin­gle l aw that appl ies to them, they could only barely un­der­stand some of them! Is this jus­tice?

Next month’s ins t al lment wi l l dis­cuss what ex­actly “law” is and is not and how we can solve this wor ri­some prob­lem.

Top two im­ages pro­vided by Scott Swain

Ge­orge Wash­ing­ton in­vites you to sign your name to The Con­sti­tu­tion of the United States of Amer­ica. As we can see it is a short doc­u­ment, easy to un­der­stand, and pro­vides free­dom to the people.

Granted, these aren’t law books, but

its a good start to un­der­stand­ing how many laws we have al­lowed to be over us. The an­swer to many of our is­sues, ins’t more laws, but that we fol­low the higher level

laws.

Start by do­ing some­thing kind for some­one on a daily

ba­sis and many of the laws that are out there be­come void as we learn to love on

an­other.

The Con­sti­tu­tion of The United States of Amer­ica fits on NINE sheets of paper. Be­fore voting for a law, ask yourself if its sim­ple to un­der­stand and grants in­di­vid­ual lib­erty?

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